Legal
FCA Fine Sesame £1.6 Million For "Pay-To-Play" Arrangements

The UK Financial Conduct Authority has fined financial advisor network Sesame £1.6 million for setting up a pay-to-play scheme.
The UK Financial Conduct Authority has fined financial advisor
network Sesame £1.6
million ($2.56 million)for setting up a pay-to-play scheme.
The regulator said that Sesame’s arrangement effectively
undermined the ban on commission payments brought in by the
Retail Distribution Review.
According to the FCA, as a result of the pay-to-play scheme, the
range of products recommended to Sesame clients under its
restricted advice service was influenced by the amount of
services Sesame had sold to product providers.
The FCA found that Sesame promoted its own commercial interests
over the interests of its clients.
“Firms can have had no doubt about the outcomes we were looking
for here. Sesame's approach to inducements, in the face of a
clear position from the regulator, undermined the rules in order
to look after its own interests,” said Tracey McDermott, director
of enforcement and financial services at the FCA.
“If we are to move on in financial services we must see firms
focusing on how they achieve the best outcomes for their
customers – not adopting practices that avoid our rules,” she
added.
When the RDR was introduced in 2013, paying commission to
advisors for selling a retail investment product was banned to
ensure that customers receive advice which is not influenced by
commission paid to advisors and that product providers compete on
the price and quality of their products.
Following its implementation, Sesame decided that its network of
advisers would offer a restricted service, meaning advisors could
only offer a restricted number of products from pre-selected
providers (known as a panel).
To establish these panels, Sesame ran a tender process during
which the firm told a number of providers that it expected them
to spend an extra £250,000 a year on services to be placed on one
of Sesame’s restricted advice panels.
“As a result of the tender process, inclusion on restricted
advice panels was influenced by how much providers were willing
to pay Sesame for additional services. This practice had the
effect of undermining the ban on commission payments,” the FCA
said.
As Sesame settled immediately, it qualified for a 30 per cent
discount on the fine.
“We recognise that the arrival of the FCA’s Retail Distribution
Review introduced a step change in regulation and heralded a new
relationship between product providers and distributors. As the
market leader, we should have been more responsive to the wind of
change blowing through our industry,” said John Cowan, SBG
executive chairman.
“In January 2014, the leadership was changed and the new
executive team has been implementing a new and more transparent
policy, as well as building a robust operation that will serve
customers better in the future. This has led to significant
improvements in our processes and controls, with customers’ best
interests and quality outcomes placed firmly at the centre of all
business decisions,” he added.